Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928495488.pdf (Micronesia, Federated States of)
SEVENTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA THIRD REGULAR SESSION, 2012 C.B.

NO.

17-78 A BILL FOR AN ACT To further amend title 11 of the Code of the Federated States of Micronesia, as amended by Public Law No.
11-72, by creating a subchapter I under chapter 6 consisting of existing sections 601 through 610, creating a new subchapter II under chapter 6 defining crimes relating to trafficking in persons and related offenses, and prescribing appropriate penalties for their violation, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Title 11 of the Code of the Federated States 2 of Micronesia, as amended by Public Law No.
11-72, is hereby 3 further amended by creating a new subchapter I under chapter 6 4 entitled “General Offenses”, comprised of existing sections 601 5 through 610.

6 Section 2.

Title 11 of the Code of the Federated States 7 of Micronesia, as amended by Public Law No.

11-72, is hereby 8 further amended by inserting a new subchapter II under chapter 9 6, entitled “Trafficking in Persons”.

10 Section 3.

Title 11 of the Code of the Federated States 11 of Micronesia, as amended by Public Law No.
11-72, is hereby 12 further amended by inserting a new section 611 to subchapter II 13 of chapter 6, to read as follows: 14 15 16 17 “Section 611.

Citation.

This act shall be known and may be cited as the Trafficking in Persons Act of 2012.” Section 4.

Title 11 of the Code of the Federated States CBL 17-93 C.B.

NO.

17-78 1 of Micronesia, as amended by Public Law No.
11-72, is hereby 2 further amended by inserting a new section 612 to subchapter II 3 of chapter 6, to read as follows: “Section 612.

Definitions.

(1) ‘Child’ means any person below the age of eighteen at the time of the commission of an offense under this chapter.

(2 “Commercial carrier” means a legal or natural person that engages in international or interstate transportation of goods or people for commercial gain.
(5) “Exploitation” means: (a) the obtaining of financial or other material benefit from the prostitution of another person; (b) the exaction of forced labor or services, or the obtaining of labor or services through deceit, fraud, or by means of a material misrepresentation; (c) slavery or practices similar to slavery.
(3) “Forced labor or services” means work or services, the solicitation of financial or material benefits, or the donation of body parts or organs, e x a c t e d under the threat of any penalty and for which the person concerned has not offered himself or herself voluntarily.

2 of 13 C.B.

NO.

17-78 1 2 3 4 (5) “Practices similar to slavery” include debt bondage, serfdom, and forced marriage.

(4) “Prostitution” means illicit sexual services performed for financial or material benefit.

5 Section 5.
5 Section 5.

Title 11 of the Code of the Federated States of 6 Micronesia, as amended by Public Law No.

11-72, is hereby further amended by inserting a new section 613 to subchapter II of chapter 6, to read as follows: “Section 613.

Offense of human smuggling.


A person who knowingly or recklessly arranges or assists another person’s illegal entry into any country, including the Federated States of Micronesia, of which the other person is not a citizen and has no lawful right to enter, shall be guilty of human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 10 years, fined not less than $5,000 but not more than $20,000, or both.” Section 6.

Title 11 of the Code of the Federated States 21 of Micronesia, as amended by Public Law No.

11-72, is hereby 22 further amended by inserting a new section 614 to subchapter II 23 of chapter 6, to read as follows: 24 25 “Section 614.

Offense of aggravated human smuggling.

A person who engages in human smuggling, as defined 3 of 13 C.B.
NO.

17-78 under section 613 of this title, by means of violence or kidnapping or under circumstances in which the life or safety of a smuggled person is or is likely to be endangered, shall be guilty of aggravated human smuggling, regardless of whether the smuggled person successfully arrives in the receiving country.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, fined not less than $5,000 but not more than $25,000, or both.” 10 Section 7.

Title 11 of the Code of the Federated States 11 of Micronesia, as amended by Public Law No.

11-72, is hereby 12 further amended by inserting a new section 615 to subchapter II 13 of chapter 6, to read as follows: “Section 615.

Offense of human trafficking.


A person who knowingly recruits, transports, transfers, harbors or receives another person for the purpose of exploitation, by threat, use of force, abduction, fraud, deception, abuse of power or of a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation, shall be guilty of human trafficking.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 15 years, or fined not less than $5,000 but not more than $25,000, 4 of 13 C.B.

NO.

17-78 1 2 or both.” Section 8.

Title 11 of the Code of the Federated States 3 of Micronesia, as amended by Public Law No.

11-72, is hereby 4 further amended by inserting a new section 616 to subchapter II 5 of chapter 6, to read as follows: “Section 616.

Offense of trafficking in children.


A person who knowingly recruits, transports, transfers, harbors, or receives a child by any means for the purpose of exploitation shall be guilty of child trafficking.

Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or fined not less than $5,000 but not more than $50,000, or both.” Section 9.

Title 11 of the Code of the Federated States 15 of Micronesia, as amended by Public Law No.
11-72, is hereby 16 further amended by inserting a new section 617 to subchapter II 17 of chapter 6, to read as follows: “Section 617.

Offense of aggravated human trafficking.

A person who engages in human trafficking as defined under section 615 of this title or trafficking in children as defined under section 616 of this title shall be guilty of aggravated human trafficking if any of the following circumstances are present: (a) the offense involves serious injury or 5 of 13 C.B.
NO.
17-78 death of the victim or another person; (b) the offense involves a victim who is particularly vulnerable, including a pregnant woman; (c) the offense exposed the victim to a life- threatening illness, including HIV/AIDS; (d) the victim is physically or mentally handicapped; (e) the offense involves more than one victim; (f) the crime was committed as part of the activity of an organized criminal group; (g) drugs, medications or weapons were used in the commission of the crime; (h) a child was adopted for the purpose of trafficking; (i) the offender has been previously convicted for the same or similar offences; (j) the offender is a public official (k) the offender is a spouse or the conjugal partner of the victim; (l) the offender is in a position of responsibility or trust in relation to the victim; (m) the offender is in a position of authority concerning a child victim.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 30 years, or 6 of 13 C.B.

NO.

17-78 1 2 3 fined not less than $5,000 but not more than $50,000, or both.” Section 10.

Title 11 of the Code of the Federated States 4 of Micronesia, as amended by Public Law No.
11-72, is hereby 5 further amended by inserting a new section 618 to subchapter II 6 of chapter 6, to read as follows: “Section 618.

Offense of exploiting a trafficked person.

A person who knowingly engages or participates in or profits from the exploitation of a trafficked person shall be guilty of an offense.
Upon conviction, a person guilty of this offense shall be imprisoned for not more than 10 years, or fined not less than $5,000 but not more than $20,000, or both.” Section 11.

Title 11 of the Code of the Federated States 16 of Micronesia, as amended by Public Law No.

11-72, is hereby 17 further amended by inserting a new section 619 to subchapter II 18 of chapter 6, to read as follows:”.

19 “Section 619.

Consent of trafficked or smuggled person irrelevant.
Consent to the act or acts constituting an offense on the part of smuggled person under sections 613 and 614, and trafficked person under sections 615, 616, 617, and 618 is not a legal defense.” Section 12.

Title 11 of the Code of the Federated States 7 of 13 C.B.

NO.

17-78 1 of Micronesia, as amended by Public Law No.
11-72, is hereby 2 further amended by inserting a new section 620 to subchapter II 3 of chapter 6, to read as follows: “Section 620.

Rights of Victims.
Rights of Victims.

(1) A trafficked person shall not be subject to criminal prosecution with respect to: (a) the act of human trafficking; (b) that person’s entry into the receiving country; (c) that person’s unlawful residence in the receiving country; and (d) that person’s procurement or possession of any fraudulent travel or identity document.
(2) The Secretary of the Department of Justice shall establish national guidelines and procedures for providing assistance to victims of trafficked persons and witnesses of trafficking in persons, including but not limited to: (a) ensuring that victims, witnesses, and their families are provided adequate protection if their safety is at risk, including measures to protect them from intimidation and retaliation by traffickers and their associates; (b) providing victims with the opportunity to present their views, needs, interests and concerns 8 of 13 C.B.
NO.
17-78 for consideration at appropriate stages of any judicial or administrative proceedings relating to the offense, either directly or through their representative, without prejudice to the rights of the defense; (c) where the victim is an unaccompanied minor, providing for the appointment of a legal guardian to represent the interests of the child, taking all necessary steps to establish his or her identity and nationality, and making every effort to locate his or her family when this is in the best interest of the child; (d) where the victim is a national of the Federated States of Micronesia, facilitating and accepting the return of the victim without undue or unreasonable delay and with due regard for his or her rights and safety; (e) where the victim is not a national of the Federated States of Micronesia and requests to return to his or her country of origin or the country in which he or she had the right of permanent residence at the time he or she was trafficked, facilitating such return, including arranging for the necessary travel documents, without undue delay and with due regard for his or her rights and safety; 9 of 13 C.B.
NO.

17-78 (f) providing information to all victims on the nature of protection, assistance and support to which they are entitled and the possibilities of assistance and support by nongovernmental organizations and other victim agencies, as well as information on any legal proceedings related to them.

Such information shall be provided in a language and form that the victim understands.” Section 13.
Title 11 of the Code of the Federated States 10 of Micronesia, as amended by Public Law No.

11-72, is hereby 11 further amended by inserting a new section 621 to subchapter II 12 of chapter 6, to read as follows: “Section 621.

Scope of application.
The offenses defined in this chapter shall apply regardless of whether the conduct constituting an offense took place inside or outside the jurisdiction of the Federated States of Micronesia if: (1) the Federated States of Micronesia is the receiving country, or if the exploitation occurs herein; or (2) the acts or conduct constituting an offense under this chapter started, ended or occurred in part in the jurisdiction of the Federated States of Micronesia; or (3) the offense is committed by a national of the 10 of 13 C.B.
NO.

17-78 Federated States of Micronesia or by a person who is not a citizen of any country but has his or her habitual residence in th e Fed era ted S ta tes of M i cr o n e sia at the time of the commission of the offense; or (4) the offense is committed against a victim who is a national of the Federated States of Micronesia.” Section 14.

Title 11 of the Code of the Federated States 9 of Micronesia, as amended by Public Law No.
11-72, is hereby 10 further amended by inserting a new section 622 to subchapter II 11 of chapter 6, to read as follows: “Section 622.

Offense relating to fraudulent travel or identity documents.
A person who makes, obtains, gives, sells, or possesses fraudulent travel or identity documents or supporting papers for the purpose of facilitating human smuggling or human trafficking or for the purpose of facilitating the continued presence of a smuggled or trafficked person in the receiving country shall be guilty of an offense.

Upon conviction, a person guilty of this offense shall be imprisoned for not more than 8 years, or fined not less than $5,000 but not more than $15,000, or both.” Section 15.
Title 11 of the Code of the Federated States 25 of Micronesia, as amended by Public Law No.

11-72, is hereby 11 of 13 C.B.

NO.

17-78 1 further amended by inserting a new section 623 to subchapter II 2 of chapter 6, to read as follows: “Section 623.

Obligation of commercial carriers.


(1) A commercial carrier shall verify that every passenger possesses the necessary travel documents, including passports, visas and other supporting papers, to enter the destination country and any transit countries.

(2) The requirement in subsection (1) of this section applies both to staff of the commercial carrier selling or issuing tickets, boarding passes or similar travel documents and to staff collecting or checking tickets prior to or subsequent to boarding.
(3) Commercial carriers, or persons referred to under subsection (2) of this section, which fail to comply with the requirements of this section shall be fined $ 1 , 0 0 0 f o r e v e r y p a s s e n g e r .

Repeated failure to comply may be sanctioned by revocation of license, permit, certificate or authority to operate.” Section 16.

This act shall become law upon approval by 12 of 13 C.B.

NO.

17-78 1 the President of the Federated States of Micronesia or upon its 2 becoming law without such approval.
3 4 Date: 1/16/12 Introduced by: /s/ Isaac V. Figir Isaac V. Figir of 13